LIMESTONE COUNTY, Ala. (WHNT) – Limestone County Circuit Judge Chadwick Wise has ordered a mistrial in the Mason Sisk capital murder trial.

Last Thursday, defense attorneys for Mason Sisk filed a motion for a mistrial, arguing prosecutors didn’t provide access to Mason’s father’s cell phone, claiming the possibility of information that could corroborate the teen’s defense.

On Friday, Wise initially denied the defense’s motion for a mistrial.

Sisk is accused of killing his parents and three siblings in 2019.

Late in the evening on September 2, 2019, the Limestone County Sheriff’s Office was called to a home on Ridge Road in Elkmont where they found John Wayne Sisk, 38, Mary Sisk, 35, and three children — 6-year-old Kane, 4-year-old Aurora and 6-month-old Colson. All had been shot in the head and killed.

Monday’s proceedings began with the defense continuing its case, and reviewing a text message thread between Mason’s mother Mary and Mason that dates back to 2018. The defense claimed it demonstrates a loving relationship between the two. The defense said they received text records from Mary’s phone on Sunday and it is exculpatory information. In response, Wise gave the state an hour to review the message records. The state said there’s nothing exculpatory in the text messages and there’s more inculpatory evidence. Shortly after reviewing the text messages, the judge ordered a mistrial.

Wise stated the cell phone of Mary Sisk had been with the FBI for approximately three years and was unable to be accessed during that time, In declaring the mistrial, Wise said the phone was accessed last week, but there hasn’t been enough time for the defense to review the files.

“I just don’t think there’s anything more than this that I could do that would be fair.”

Limestone County Circuit Judge Chadwick Wise

Due to his age at the time of the crime, Sisk is not eligible for the death penalty.